Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2500
SPONSOR: Paulin PURPOSE:
To expunge the records of those who have been convicted of loitering for
the purpose of prostitution
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subdivision 6 to Section 160.50 of the
Criminal Procedure Law to require automatic expungement of criminal
records for persons previously convicted under former 240.37 of the
Penal Law.
Section 2 amends the opening paragraph of subdivision 1, subdivision 2
and paragraph (a) of subdivision 3 of section 170.80 of the Criminal
Procedure Law to make a technical correction and remove a reference to
the former crime of loitering for purposes of prostitution.
Section 3 amends subparagraph (iv) of paragraph (k) of subdivision 3 of
section 160.50 of the Criminal Procedure Law to make a technical
correction.
JUSTIFICATION:
Chapter 23 of the Laws of 2021 repealed section 240.37 of the Penal Law
which prohibited loitering for the purpose of engaging in a prostitution
offense. This law had long been criticized as being arbitrary and
discriminatory, with enforcement disproportionately impacting transgen-
der women and women of color.
This bill will require automatic expungement of the records of all those
convicted of loitering for the purpose of prostitution, meaning that
arrests, court records and convictions under that law will be treated as
if they never happened. Now that the Legislature has removed this draco-
nian offense from our Penal Law, those who carry the wounds of being
convicted of this crime must no longer carry evidence of it on their
records. This bill also makes certain technical corrections which are
necessary following the enactment of Chapter 23 of the Laws of 2021.
LEGISLATIVE HISTORY:
A.9159A of 2022, advanced to third reading / S.8776 referred to codes.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2500
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN, SEAWRIGHT, EPSTEIN, DINOWITZ, HEVESI,
GONZALEZ-ROJAS, JACOBSON, DAVILA, SIMON, STECK -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the former
crime of loitering for the purpose of engaging in a prostitution
offense and expunging criminal records for persons previously
convicted of such crime
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 160.50 of the criminal procedure law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. (a) A conviction for an offense described in former section 240.37
4 of the penal law as such section was in effect on February first, two
5 thousand twenty-one shall, on and after the effective date of this
6 subdivision, in accordance with the provisions of this paragraph, be
7 vacated and dismissed, and all records of such conviction or convictions
8 and related to such conviction or convictions shall be expunged, as
9 described in subdivision forty-five of section 1.20 of this chapter, and
10 the matter shall be considered terminated in favor of the accused and
11 deemed a nullity, having been rendered by this paragraph legally inval-
12 id. All such records for an offense described in this paragraph where
13 the conviction was entered on or before the effective date of the chap-
14 ter of the laws of two thousand twenty-three that added this subdivision
15 shall be expunged promptly and, in any event, no later than one year
16 after such effective date.
17 (b) Commencing upon the effective date of this subdivision:
18 (i) the chief administrator of the courts shall promptly notify the
19 commissioner of the division of criminal justice services and the heads
20 of all appropriate police departments, district attorney's offices and
21 other law enforcement agencies of all convictions that have been vacated
22 and dismissed pursuant to paragraph (a) of this subdivision and that all
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04882-01-3
A. 2500 2
1 records related to such convictions shall be expunged and the matter
2 shall be considered terminated in favor of the accused and deemed a
3 nullity, having been rendered legally invalid. Upon receipt of notifi-
4 cation of such vacatur, dismissal and expungement, all records relating
5 to such conviction or convictions, or the criminal action or proceeding,
6 as the case may be, shall be marked as expunged by conspicuously indi-
7 cating on the face of the record and on each page or at the beginning of
8 the digitized file of the record that the record has been designated as
9 expunged. Upon the written request of the individual whose case has been
10 expunged or their designated agent, such records shall be destroyed.
11 Such records and papers shall not be made available to any person,
12 except the individual whose case has been expunged or such person's
13 designated agent; and
14 (ii) where automatic vacatur, dismissal, and expungement, including
15 record destruction if requested, is required by this subdivision but any
16 record of the court system in this state has not yet been updated to
17 reflect same:
18 (A) notwithstanding any other provision of law except as provided in
19 paragraph (d) of subdivision one of this section and paragraph (e) of
20 subdivision four of section eight hundred thirty-seven of the executive
21 law:
22 (1) when the division of criminal justice services conducts a search
23 of its criminal history records, maintained pursuant to subdivision six
24 of section eight hundred thirty-seven of the executive law, and returns
25 a report thereon, all references to a conviction for an offense
26 described in paragraph (k) of subdivision three of this section shall be
27 excluded from such report; and
28 (2) the chief administrator of the courts shall develop and promulgate
29 rules as may be necessary to ensure that no written or electronic report
30 of a criminal history record search conducted by the office of court
31 administration contains information relating to a conviction for an
32 offense described in paragraph (k) of subdivision three of this section;
33 and
34 (B) where court records relevant to such matter cannot be located or
35 have been destroyed, and a person or the person's attorney presents to
36 an appropriate court employee a fingerprint record of the New York state
37 division of criminal justice services, or a copy of a court disposition
38 record or other relevant court record, which indicates that a criminal
39 action or proceeding against such person was terminated by conviction of
40 an offense described in paragraph (k) of subdivision three of this
41 section, then promptly, and in any event within thirty days after such
42 notice to such court employee, the chief administrator of the courts or
43 his or her designee shall assure that such vacatur, dismissal, and
44 expungement, including record destruction if requested, have been
45 completed in accordance with subparagraph (i) of this paragraph.
46 (c) Vacatur, dismissal and expungement as set forth in this subdivi-
47 sion shall be without prejudice to any person or such person's attorney
48 seeking further relief pursuant to article four hundred forty of this
49 chapter or any other law. Nothing in this section is intended or shall
50 be interpreted to diminish or abrogate any right or remedy otherwise
51 available to any person.
52 (d) The office of court administration, in conjunction with the divi-
53 sion of criminal justice services, shall develop an affirmative informa-
54 tion campaign and widely disseminate to the public, through its website,
55 public service announcements and other means, in multiple languages and
56 through multiple outlets, information concerning the expungement and
A. 2500 3
1 vacatur of loitering for the purposes of prostitution convictions estab-
2 lished by the chapter of the laws of two thousand twenty-three that
3 added this subdivision, including, but not limited to, the automatic
4 expungement of certain past convictions, the means by which an individ-
5 ual may file a motion for vacatur, dismissal and expungement of certain
6 past convictions, and the impact of such changes on such person's crimi-
7 nal history records.
8 § 2. The opening paragraph of subdivision 1, subdivision 2 and para-
9 graph (a) of subdivision 3 of section 170.80 of the criminal procedure
10 law, the opening paragraph of subdivision 1 as amended by chapter 23 of
11 the laws of 2021, and subdivision 2 as amended and paragraph (a) of
12 subdivision 3 as added by chapter 402 of the laws of 2014, are amended
13 to read as follows:
14 Notwithstanding any other provision of law, at any time at or after
15 arraignment on a charge of prostitution pursuant to section 230.00 of
16 the penal law, except where, after consultation with counsel, a knowing
17 and voluntary plea of guilty has been entered to such charge, any judge
18 or justice hearing any stage of such case may, upon consent of the
19 defendant after consultation with counsel:
20 2. In the event of a conviction by plea or verdict to such charge or
21 charges of prostitution [or loitering for the purposes of prostitution]
22 as described in subdivision one of this section, the court must find
23 that the person is a youthful offender for the purpose of such charge
24 and proceed in accordance with article seven hundred twenty of this
25 chapter, provided, however, that the available sentence shall be the
26 sentence that may be imposed for a violation as defined in subdivision
27 three of section 10.00 of the penal law. In such case, the records of
28 the investigation and proceedings relating to such charge shall be
29 sealed in accordance with section 720.35 of this chapter.
30 (a) When a charge of prostitution [or loitering for the purposes of
31 prostitution] has been conditionally converted to a person in need of
32 supervision proceeding pursuant to subdivision one of this section, the
33 defendant shall be deemed a "sexually exploited child" as defined in
34 subdivision one of section four hundred forty-seven-a of the social
35 services law and therefore shall not be considered an adult for purposes
36 related to the charges in the person in need of supervision proceeding.
37 Sections seven hundred eighty-one, seven hundred eighty-two, seven
38 hundred eighty-two-a, seven hundred eighty-three and seven hundred
39 eighty-four of the family court act shall apply to any proceeding condi-
40 tionally converted under this section.
41 § 3. Subparagraph (iv) of paragraph (k) of subdivision 3 of section
42 160.50 of the criminal procedure law, as amended by chapter 92 of the
43 laws of 2021, is amended to read as follows:
44 (iv) the conviction was for an offense defined in former section
45 240.37 of the penal law; or
46 § 4. This act shall take effect immediately.
